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(영문) 대구지방법원 서부지원 2018.07.18 2017고단2584
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who works in the D Infant Care Center located in Daegu-si, Northern-gu C, 304 Dong 104, as a child care teacher.

On July 5, 2016, the Defendant committed a abusive act that harms the mental health and development of the victimized child by leaving the victimized child into the toilet for the reason that the victimized child E (1) (3) was flick and flicked, and then opening the door and 7 seconds away, and harming the mental health and development of the child, as shown in the list of crimes in the attached Table, from July 5, 2016 to November 7, 2016, the Defendant committed a abusive act that harms the mental health and development of the victimized child, or committed a physical abusive act that harms the physical health and development of the victimized child E, E, and F (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning I, J, K, and L;

1. Application of Acts and subordinate statutes to internal investigation reports (related to the verification of suspected video images of child abuse, attachment of white CDs, and partial non-existence);

1. Articles 7 and 10(2)12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes against the relevant crime; Articles 71(1)2 and 17 subparag. 3 and 5 of the Child Welfare Act (wholly amended by Act No. 14925, Oct. 24, 2017); Articles 71(1)2 and 17 subparag. 3 and 5 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; the choice of imprisonment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes by Order to Attend and Article 62-2 of the Criminal Act is an act that infringes on the physical mental health of a child with psychological and physical development, which may have a fatal effect on the growth and development of the victimized child in the future, and the defendant is a serious criminal with considerable potential risk, and even though the defendant is in a position to protect the victimized child as a child care teacher, he/she is one year old without properly expressing his/her intent.

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